(ii) is excepted from the application of section 605(a) of title 47 of the United States Code by section 605(b) of that title; (4) to intercept a wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or (5) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if the communication is not scrambled or encrypted. (f) It is not unlawful under this chapter: (1) to use a pen register or a trap and trace device as those terms are defined by Minn. Stat. § 626A.39; or (2) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of the service. (g) It is not unlawful under this chapter for a person not acting under color of law to intercept the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit if the initial interception of the communication was obtained inadvertently. Subd. 3. Disclosing communications. (a) Except as provided in paragraph (b), a person or entity providing an electronic communications service to the public must not intentionally divulge the contents of any communication other than one to the person or entity, or an agent of the person or entity, while in transmission on that service to a person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient. (b) A person or entity providing electronic communication service to the public may divulge the contents of a communication: (1) as otherwise authorized in subdivision 2, paragraph (a), and Minn. Stat. § 626A.09;
107
Made with FlippingBook - Online Brochure Maker